In re K.S. CA1/1

Filed 8/27/15 In re K.S. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re K.S., a Person Coming Under the Juvenile Court Law.

HUMBOLDT COUNTY DEPARTMENT A144060 OF HEALTH AND HUMAN SERVICES, (Humboldt County Plaintiff and Respondent, Super. Ct. No. JV140203) v. B.R., Defendant and Appellant.

K.S., the son of appellant B.R. (Father) and T.S. (Mother), was detained from Father’s custody by the Humboldt County Department of Health and Human Services (Agency) on allegations that Father neglected him. At the time, Mother was living in Oregon. Following K.’s detention, the Agency found Mother to be a suitable caregiver. The juvenile court removed K. from Father’s care, granted Mother legal custody, and terminated dependency jurisdiction. Father contends the trial court’s findings that he posed a substantial danger to K. and Mother presented no risk of detriment were not supported by substantial evidence. We affirm. I. BACKGROUND K., then three years old, was the subject of a dependency petition under Welfare and Institutions Code1 section 300, subdivisions (b) and (g), filed November 5, 2014.

1 All statutory references are to the Welfare and Institutions Code.

The petition alleged Father had been arrested recently on drug-related charges and, prior to his arrest, had placed K. in danger while the two were homeless. In addition, it was alleged Father had not made provision for K.’s care while he was incarcerated and Mother was unable to take custody because she was living in Oregon. K. was detained and placed in foster care. The Agency’s detention report stated that Father was terminated from his employment and evicted from his apartment about four months before the detention. He moved to a homeless encampment with K., where Father was assaulted in what was apparently a drug-related dispute. K. witnessed the assault and was disturbed by it. Thereafter, Father signed a “Safety Plan” with the Agency, and the Agency arranged for the two to live at a motel. Throughout this period, Father was reputed to be a drug dealer, and he was said to leave K. unattended or with strangers. Father was also reported to have shot another man during an attempt to collect a debt, and there were concerns the victim might retaliate. K. was detained after Father was arrested. According to a police press release, Father was detained on an arrest warrant for brandishing a weapon, assault, and battery. During a vehicle search, police located over an ounce of methamphetamine packaged for sale, marijuana concentrate, and a “large amount” of cash. Father had suffered earlier felony convictions for a variety of crimes in 1997, 2001, and 2006. At the time of K.’s detention, Mother was living in Oregon. While living in California between 2006 and 2011, she had been investigated repeatedly by the Agency in connection with alleged neglect of her children, often in association with alcohol abuse. Father was similarly investigated for child neglect in 2013 and 2014, also in connection with drug and alcohol abuse. In March 2014, the family court granted legal custody of K. to Mother, but the order was stayed at Father’s request.2 Mother later